[CC §24.28]
The purpose of this Chapter is to provide for vacation and the
mandatory demolition of buildings and structures or mandatory repairs
and maintenance of buildings and structures within the City of St.
John which are detrimental to the health, safety or welfare of its
residents and which are declared to be a public nuisance.
[CC §24.28]
A.
All
buildings or structures which have any or all of the following defects
shall be deemed "dangerous buildings/public nuisances":
1.
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
2.
Those which, exclusive of the foundation, show thirty-three percent
(33%) or more damage or deterioration of the supporting member or
members, or fifty percent (50%) damage or deterioration of the non-supporting
enclosing or outside walls or covering.
3.
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
4.
Those which have been damaged by fire, wind or other causes so as
to become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the City of St. John.
5.
Those which are so dilapidated, decayed, unsafe, unsanitary or which
so utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation, or are likely to cause sickness
or disease, so as to work injury to the health, morals, safety or
general welfare of those occupying such building.
6.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
7.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, fire escapes, elevators,
or other means of conjugation.
8.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
9.
Those which, because of their condition, are unsafe, unsanitary,
or dangerous to the health, morals, safety or general welfare of the
people of the City.
10.
Those buildings existing in violation of any provisions of the Building
Code, the Fire Prevention Code or other ordinances of the City.
[CC §24.28]
All "dangerous buildings/public nuisances" within the terms
of this Chapter are hereby declared to be public nuisances, and shall
be repaired, reconditioned, vacated and repaired, or vacated and demolished
as hereinbefore and hereinafter provided.
[CC §24.28]
In cases where it reasonably appears that there is immediate
danger to the health, life or safety of any person unless a "dangerous
buildings/public nuisance", as defined herein, is immediately repaired,
vacated and repaired or vacated and demolished, the Director of Public
Works shall report such facts to the City Manager and he shall cause
the immediate repair, vacation or demolition of such "dangerous buildings/public
nuisances". The cost of such emergency repair, vacation or demolition
of such "dangerous buildings/public nuisances" shall be collected
in the same manner as provided herein.
[CC §24.28]
A.
The
following standards shall be followed in substance by the Director
of Public Works in ordering repair, vacation or demolition:
1.
If the "dangerous buildings/public nuisance" can reasonably be repaired
so that it will no longer exist in violation of the terms of this
Chapter, it shall be ordered repaired.
2.
If the "dangerous buildings/public nuisance" is in such condition
as to make it dangerous to the health, morals, safety or general welfare
of its occupants, it shall be ordered to be vacated.
3.
In any case where a "dangerous buildings/public nuisance" is fifty
percent (50%) damaged, decayed or deteriorated, it shall be repaired
or demolished. In all cases where a building cannot be repaired so
that it will no longer exist in violation of the terms of this Chapter
or any ordinance of this City or Statute of the State of Missouri,
it shall be demolished.
[CC §24.28]
It shall be the duty of all City employees to make a report
in writing to the Director of Public Works or to the City Manager,
of all buildings or structures which they believe are, or are suspected
to be "dangerous buildings/public nuisances" within the terms of this
Chapter. Such reports are to be made within a reasonable time after
the discovery of such buildings or structures.
[CC §24.28]
A.
The
Director of Public Works shall:
1.
Inspect or cause to be inspected as often as may be necessary, all
residential, institutional, assembly, or commercial, industrial, garage,
special or miscellaneous occupancy buildings for the purpose of determining
whether any conditions exist which render such places "dangerous buildings/public
nuisances" within the terms herein.
2.
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this Chapter.
3.
Inspect any building, wall or structure reported (as hereinabove
provided for) by the Fire, Health or Police Departments of this City
as probably existing in violation of the terms of this Chapter.
4.
Notify in writing the owner, occupant, lessee, mortgagee, agent and
all other persons having an interest in said building as shown by
the land records of the Recorder of Deeds of St. Louis County where
the land is located, of any building found by him to be a "dangerous
buildings/public nuisance" within the standards set forth herein that:
a.
The owner must vacate, repair, recondition or vacate and/or demolish
said building in accordance with the terms of the notice and this
Chapter;
b.
The occupant or lessee must vacate said building or may have it repaired
in accordance with the notice and remain in possession;
c.
The mortgagee, agent or other persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
St. Louis County where the land is located, may at his own risk, repair,
vacate or demolish or have such work or act done; provided that any
person notified under this Subsection to repair, recondition, vacate
and repair or vacate and demolish any building shall be given such
reasonable time to commence the work or act required by the notice
provided herein. Said official shall specify, in writing, an additional
notice of the date to which any extension is made.
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All notices herein shall be served either by personal service
or certified mail, return receipt requested, but if service cannot
be had by either of these modes of service, then service may be had
by publication.
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5.
Set forth in the notice, provided for in Subsection (4) hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous buildings/public nuisance", and an order requiring the same to be put in such condition as to comply with the terms of this Chapter within the time, or extension thereof, provided for above in Subsection (4).
7.
Appear at all hearings and testify as to the conditions of "dangerous
buildings/public nuisances".
8.
If the Director of Public Works completes inspection of a building
and finds it to be inherently dangerous and, in his opinion, constitutes
a nuisance per se, upon approval of such finding ex parte, by the
City Manager, he/she shall place a notice on such building forthwith,
reading as follows:
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"This building has been found to be a "dangerous buildings/public
nuisance" by the Director of Public Works. This notice is to remain
on this building until it is repaired, vacated and repaired or vacated
and demolished in accordance with the notice which has been given
the owner, occupant, lessee, mortgagee, or agent of this building,
and all other persons having an interest in said building as shown
by the land records of the Recorder of Deeds of St. Louis County where
the land is located. It shall be unlawful to remove this notice until
such notice is complied with".
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Provided however, the approval of said Director of Public Works
and the posting of said notice shall not be construed to deprive all
persons entitled thereto by this Chapter to the notice and hearing
prescribed herein.
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[CC §24.28]
A.
The
City Manager shall:
1.
Supervise all inspections required by this Chapter and cause the
Director of Public Works to make inspections and perform all the duties
required of the Director of Public Works by this Chapter. Upon receiving
a complaint or report from any source that a "dangerous buildings/public
nuisance" exists in this City, he shall cause an inspection to be
made forthwith. If he deems it necessary to the performance of his
duties and responsibilities imposed herein, he may request an inspection
and report be made to him by either the Fire Department, the Police
Departments, the Health Departments or by any other City Departments
or may retain services of an expert whenever he deems such service
necessary.
2.
Upon receipt of a report of the Director of Public Works as provided for in Section 510.070 hereof, give at least twenty-one (21) days written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder, to appear before him on the date specified in the notice to show cause why the building or structure reported to be a "dangerous buildings/public nuisance" should not be repaired, reconditioned, vacated and repaired, or vacated and demolished in accordance with the statement of particulars set forth in the Director of Public Works' notice provided for herein.
3.
Hold a hearing and hear such testimony as the Director of Public
Works or the owner, occupant, mortgagee, lessee or any other person
having an interest in said building as shown by the land records of
the Recorder of Deeds of St. Louis County where the land is located,
shall offer relative to the "dangerous buildings/public nuisance".
4.
Make written findings of facts based upon competent and substantial evidence from the testimony offered pursuant to Subsection (3) hereinabove, as to whether or not the building in question is a "dangerous buildings/public nuisance".
5.
Issue an order upon findings of fact based upon competent and substantial evidence made pursuant to Subsection (4) hereinabove, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land is located, to repair, recondition, vacate and repair, or vacate and demolish any building found to be a "dangerous buildings/public nuisance" within the terms of this Chapter and provided that any person so notified shall have the privilege of either repairing or vacating said building, if such repair will comply with the ordinances of this City or the owner or any person having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land is located may vacate and demolish said "dangerous buildings/public nuisances" at his own risk to prevent the acquiring by the City of a lien against the land where the "dangerous buildings/public nuisance" stands, as provided in Subsection (6) herein. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare, no order shall be issued.
6.
If the owner, occupant, mortgagee, or lessee fails to comply with the order, or extension thereof, provided for in Subsection (5) hereof, within thirty (30) days, the City Manager shall cause such building or structure to be repaired, vacated and repaired, or vacated and demolished as the facts may warrant under the standards hereinbefore provided for, and the City Manager shall certify the charge for such repair, vacation or demolition to the County Treasurer as a special assessment, represented by a special tax bill against the real property affected and to be a personal debt against the owner until paid; said tax bill shall be a lien upon said property and be enforced to the same extent and in the same manner as all special tax bills, or assessments payable in one (1) installment; said assessments shall bear interest at the rate of eight percent (8%) per annum until paid, or, except as provided in Subsection (7) hereof if requested, the tax bill may be paid in installments, not to exceed ten (10). The tax bill from date of its issuance shall be deemed a person debt against the property owner and shall also be a lien on the property until paid.
7.
Insurance proceeds.
a.
If there are proceeds of any insurance policy based upon a covered
claim payment made for damage or loss to a building or other structure
caused by or arising out of any fire, explosion, or other casualty
loss, the ordinance may establish a procedure for the payment of up
to ten percent (10%) of the insurance proceeds, as set forth in subdivisions
(1) and (2) of this subsection. The ordinance shall apply only to
a covered claim payment which is in excess of fifty percent of the
face value of the policy covering a building or other structure:
(1)
The insurer shall withhold from the covered claim payment up
to ten percent (10%) of the covered claim payment, and shall pay such
moneys to the city to deposit into an interest-bearing account. Any
named mortgagee on the insurance policy shall maintain priority over
any obligation under the ordinance.
(2)
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subdivision (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty days after receipt of such insurance moneys, unless the city has instituted legal proceedings under the provisions of Subsection (6) of this Section. If the City has proceeded under the provisions of Subsection (6) of this Section, all moneys in excess of that necessary to comply with the provisions of Subsection (6) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
b.
This Subsection shall apply to fire, explosion, or other casualty
loss claims arising on all buildings and structures.
c.
This Subsection does not make the City a party to any insurance contract,
and the insurer is not liable to any party for any amount in excess
of the proceeds otherwise payable under its insurance policy.
9.
The City Manager may, where it reasonably appears that there is an
immediate danger to the health, safety or welfare of any person, take
emergency measures to vacate and repair or demolish such "dangerous
buildings/public nuisance" or structure. The City Manager shall forward
all copies of his action to the City Council's next regular meeting
subsequent to such actions that shall be set forth in detail in such
report.
A.
Interested parties as described in Subsection (3) of Section 67.410, RSMo., may appeal from the determination of the Building Inspector or officers to the Circuit Court as established in Sections 536.100 to 536.140, RSMo, if a proper record as defined in Section 536.130, RSMo, is maintained of the hearing provided by Subsection (3) of Section 510.080; otherwise, the appeal shall be made pursuant to the procedures provided by Section 536.150, RSMo.
B.
In any appeal as provided by this Section, any person who owns or occupies property located within one thousand two hundred (1,200) feet of the perimeter of the building or structure which is the subject of the suit shall be allowed to present evidence to the court on behalf of the City, of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided by Subsection (3) of Section 510.080. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court.
[CC §24.28]
A.
Any person having an interest in a "dangerous buildings/public nuisance" who shall fail to comply with any notice or order to repair, recondition, vacate or demolish said building given by any person authorized by this Chapter to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 100.010.
B.
The occupant or lessee in possession who fails to comply with any notice to vacate, and anyone having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land lies, and under a legal duty to repair who fails to repair said building in accordance with any notice given, as provided for in this Chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 100.010.
